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1990, 07-27 Findings of Fact and ConclusionsZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL USE) FINDINGS OF FACT, PERMIT TO TEMPORARILY HOUSE A ) CONCLUSIONS, DEPENDANT RELATIVE ) AND DECISION CUE -19-90 SUSAN HART ) ADDRESS: N. 4809 EVERGREEN PARCEL NUMBER: 34644-0712 APPLICATION DESCRIPTION: The applicant proposes to temporarily locate a manufacture home for the purpose of housing Ernest aNd hazel B. Dewit on a parcel of land containing her present primary residence; whereas, section 4.04.170jj and 4.24.560 of the Spokane County Zoning Ordinance requires an annually renewable conditional use permit to accommodate this circumstance. Authority to consider such a request exists pursuant to Section 4.25.030a. of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located at the northwest corner of the intersection of Wellesley Avenue and Evergreen Street in the SE 1/4 of Section 34, Township 26N, Range 44 EWM, Spokane County, Washington. The property is addressed as North 4809 Evergreen. OPPONENTS OF RECORD: NONE PUBLIC HEARING AND DECISION: After consideration of all available information on file, exhibits submitted and testimony received during the course of the public hearing held on July 16, 1990, the Zoning Adjustor rendered a written decision on July 27, 1990 to APPROVE the application. FINDINGS OF FACT AND CONCLUSION 1. The proposal is generally described above. 2. The adopted Spokane County Comprehensive Plan designates the area of the proposal as Urban The proposed uses are generally consistent with this category. 3. The site is zoned Agricultural which allows the proposed use upon approval of this application. 4. The existing land uses in the area of the proposal include agriculture and rural residential living, all of which are compatible with the proposal. 5. The proposal is exempt from the provisions of the Washington State Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (1) (b) (i). 6. The applicant has been made aware of the recommendations of various County agencies reviewing this project and has indicated those recommendations are acceptable. 7 . The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 8. No adverse testimony or written comments were received regarding the proposal. CASE NO.CUE-19-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 9. The applicant has indicated he understood: (a) the limitations imposed under the terms of Section 4.24.560 of the Spokane County Zoning Ordinance; (b) that if the temporary residence is desired for more than one year the application will have to be renewed; and (3) that a Title Notice will be filed by Spokane County with the Auditor's Office regarding temporary occupancy only for specific named parties. 10. The applicant has submitted the required form signed by a licensed physician or its equivalent regarding the need for dependent care and sufficient need is found to exist. 11. The proposal is listed in the Spokane County Zoning Ordinance as a conditional use allowed in the Agricultural zone and the proposal does meet the established and applicable criteria described for that conditional use. 12. The applicant and the Zoning Adjustor discussed at what point the temporary manufactured home would be considered "unoccupied" from the standpoint of triggering the forty-five (45) day removal period. The Zoning Adjustor advised that his interpretation would be that point at which the dwelling unit was clearly no longer needed by the named occupants; that is, non -permanent visitations or stays in extended care nursing home facilities, etc. would not cause the triggering of the forty-five (45) day removal period. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, subject to compliance with the following CONDITIONS OF APPROVAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest and shall run with the land. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning Ordinance and be subject to such enforcement as are appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or the conditions of approval as may be judged to be within the context of the original decision. II. PLANNING DEPARTMENT 1. This parcel shall not be further subdivided unless consistent with RCW 58.17, the various county subdivisions regulations and the Spokane County Comprehensive Plan for the area. CASE NO.CUE-19-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 2. The manufactured home shall be: (a) a minimum of thirty-five (35) feet or more in length and be at least eight (8) feet in width; (b) constructed in accordance with State of Washington or Federal manufactured home construction standards as evidenced by the attachment of an insignia; (c) designed for transportation after fabrication on public streets and highways on its own chassis and wheels; (d) skirted with a fire resistant material; (e) connected to electric power, water supply and sewage disposal facilities and other utilities as appropriate or necessary; and (f) the unit shall not be permanently affixed to the land, except for temporary connections to utilities. 3. The manufactured home shall be occupied by either the dependent relative(s) and family, or by the family (of the dependent relative) providing care to the dependent relative owning and occupying the principal residence. 4. Upon termination of the need for dependent relative care or the sale or lease of the property, the applicant shall remove the manufactured home from the site within forty-five (45) days. 5. A statement (Title Notice) shall be recorded by the Planning Department in the County Auditor's Office stating that the manufactured home is temporary and for the use of the named dependent relative(s) for which the Conditional Use Permit is approved and that the manufactured home is not a permanent structure to be transferred with the property if it is sold or leased. 6. Only one temporary residence may be permitted on a lot, parcel or tract of land under the ownership or lease by the applicant for the Conditional Use Permit. 7. The permit shall be granted for a period of one year and may be renewed administratively by the Zoning Adjustor or his/her designee upon the recertification: (a) by a licensed physician that the medical problem still exists; and (b) by the original applicant that the need still exists. 8. The renewal period shall be the first day of the month occurring after 12 entire months pass since the date of this decision (September 1, 1991). 9. If the Zoning Adjustor believes there are extenuating circumstances associated with the renewal of the permit, he/she may cause there to be a public hearing and reconsideration of the permit; the expense shall be that of the county's if such reconsideration takes place. 10. The manufactured home shall be located in substantial conformance with the site plan on file in the Planning Department and any modification of proposed location shall only be authorized by the Zoning Adjustor prior to location and erection at the site. III. DEPARTMENT OF BUILDING & SAFETY 1. The issuance of a building permit by the Department of Building and Safety is required. CASE NO.CUE-19-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 2. Requirements of Fire District No. 1 need to be satisfied during the building permit process. IV. UTILITIES DEPARTMENT 1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use of on-site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. The Owner(s) or Successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. V. HEALTH DISTRICT 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2. Water service shall be coordinated through the Director of Utilities Spokane County. 3. Water service shall be by an existing public water supply approved by the Regional Engineer (Spokane), State Department of Health. 4. The sponsor shall demonstrate to the satisfaction of the Spokane County Health District that the existing on-site sewage disposal system serving the residence located adjacent to the mobile home complies with current regulation requirements. 5. Subject to specific application approval and issuance of permits by the health officer, the use of an individual on-site sewage disposal system(s) may be authorized. VI. SPOKANE COUNTY ENGINEER'S OFFICE 1. We have reviewed the proposal and have no comments to make concerning the application. CASE NO.CUE-19-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE RELEASED PRIOR TO THE LAPSE OF THE TEN (10) -DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DATED this 27th day of July, 1990. 'MO Zoni Spokane C . MOSHER, AICP djustor y, Washington FILED. 1) Applicant (Certified/Return Receipt Mail) 2) Opponents of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Building & Safety 7) Spokane County Fire Protection District No. 1 8) Planning Department Cross-reference File and/or Electronic File NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A $100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance).